Patna High Court
Ganesh Kumar @ FekuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court held that the prosecution failed to establish the essential ingredients of the SC/ST offences and therefore granted anticipatory bail, setting aside the earlier conviction order.
Summary
Ganesh Kumar and Subham Kumar were convicted by an exclusive special judge under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act based on an FIR alleging molestation, assault and threats against a woman. The appellants contended they were falsely implicated, arguing the FIR lacked essential particulars such as the exact time, identification of the perpetrator, and the requisite knowledge of the victim's Scheduled Caste status, as well as the public‑place requirement for certain SC/ST offences. The Special Public Prosecutor maintained that at least Section 3(1)(w)(i) of the SC/ST Act was made out. The High Court examined the statutory ingredients, particularly the necessity of knowledge of caste and occurrence in a public place, and found them absent from the FIR. Consequently, the Court granted anticipatory bail to the appellants, set aside the earlier conviction order, and imposed standard bail conditions under the BNS, 2023.
Issues considered
- Whether the allegations in the FIR satisfy the essential ingredients of Sections 3(1)(r), 3(1)(s) and 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act.
- Whether the FIR discloses the requisite knowledge of the victim's Scheduled Caste status by the accused.
- Whether bail can be granted under the Bhartiya Nyaya Sanhita, 2023 in view of the pending charges.
- Whether the order of the exclusive special judge should be set aside.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 2(1)(d), 3(5), 351(2), 351(3), 352, 480(3), 74
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- SC/ST Act
- knowledge of caste
- public place requirement
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4709 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- MEHANDIGANJ District- Patna
======================================================
1. Ganesh Kumar @ Feku Amarnath Mahto Resident of Ranipur Neemtal PS-
Mehdiganj PO- Jhauganj Patna City District- Patna Bihar
2. Subham Kumar @ Sujal S/o- Ranjan Kumar Resident of Ranipur Neemtal
PS- Mehdiganj PO- Jhauganj Patna City District- Patna Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Kanti Kumari W/o- Ajay Kumar Resident of Ranipur Neemtal Chamartoli,
PS- Mehdiganj PO- Jhauganj Patna City District- Patna Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Sinha, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 16-04-2026 Heard learned counsel for the appellants and
learned Special Public Prosecutor for the State.
2. The present Cr. Appeal (SJ) application has been
filed for seeking grant of bail and setting aside the order dated
09.10.2025 in A.B.P. No. 3983 of 2025 arising out of Mehdiganj
P.S. Case No. 139 of 2025, passed by the Exclusive Special
Judge, S.C./S.T. Act, Civil Court, Patna, for the offence
punishable under Sections 126(2), 115(2), 74, 352, 351(2),
351(3) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter
referred to as “BNS, 2023”) and under Sections 3(1) (r), 3(1) (s)
& 3(1) (w) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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3. As per the prosecution, the informant has made an
allegation that at 07:30 all the accused persons molested and
assaulted her and further threatened to assault and rape her by
disrobing her and kill her. The accused persons also pelted
stones and threatened to kill both of her sons. It has further been
alleged that both of the accused persons treated her barbarically.
4. Learned counsel for the appellants submits that the
appellants are innocent and have committed no offence. Counsel
submits that the appellants have been falsely implicated in the
present case, as no such incident took place. Counsel further
submits that the sons of the informant have a criminal
background and had demanded unlawful monetary payment
from the appellants, and upon their refusal, the present criminal
case has been lodged only to exert pressure and settle personal
scores.
5. Counsel further submits that upon a bare reading of
the FIR, it is clear that the specific time of occurrence has not
been mentioned, i.e., whether 07:30 refers to morning or
evening. Counsel further submits that there are no ingredients of
Sections 3(1)(r), 3(1)(s) and 3(1)(w)(i) of the SC/ST Act.
Counsel further submits that it is nowhere mentioned in the FIR
as to which of the accused persons allegedly molested or
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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assaulted the informant, or asked her to remove her clothes with
an intent to commit rape, or threatened to rape her by disrobing
her.
6. Counsel further submits that for completion of the
offence under Section 3(1)(w)(i) of the SC/ST Act, it is
necessary that the accused must have knowledge that the
woman belongs to a Scheduled Caste and acted with such
knowledge, which is lacking in the FIR. Counsel further submits
that for the applicability of Sections 3(1)(r) and 3(1)(s) of the
SC/ST Act, occurrence in a public place is essential, which is
also lacking in the present case. Counsel further submits that
both parties are residents of the same village, and although the
occurrence is alleged to have taken place on 16.08.2025, the
FIR has been lodged on 17.08.2025, without any plausible
explanation.
7. Learned Special Public Prosecutor for the State
opposes the prayer for bail of the appellants and submits that
although Sections 3(1)(r) and 3(1)(s) of the S.C./S.T. Act are not
attracted, Section 3(1)(w)(i) of the SC/ST Act is made out, as
there is an allegation of molestation.
8. Upon perusal of Section 3(1) (w) (i) of the SC/ST
Act, it transpires to this Court that intentionally touches a
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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woman belonging to a Scheduled Caste or a Scheduled Tribe,
knowing that she belongs to a Scheduled Caste or a Scheduled
Tribe, and this knowledge is one of the most important
ingredients for completion of the said offence.
9. In the present facts and circumstances of this case,
let the appellants named above be granted bail, on furnishing
bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Exclusive Special Judge, S.C./S.T. Act, Civil
Court, Patna, in connection with A.B.P. No. 3983 of 2025
arising out of Mehdiganj P.S. Case No. 139 of 2025, subject to
the conditions as laid down U/s 480(3) of the B.N.S.S., 2023
with other following conditions:-
(i) one of the bailor should be the
family member of the appellants who shall
provide official document to show his bona
fide;
(ii) the appellants shall appear on
each and every date before the Trial Court
and failure to do so for two consecutive
dates without plausible reason will entail
cancellation of his bail bonds by the Trial
Court itself;
10. Accordingly, the order dated 09.10.2025 in A.B.P.
No. 3983 of 2025 arising out of Mehdiganj P.S. Case No. 139 of
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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2025, passed by the Exclusive Special Judge, S.C./S.T. Act,
Civil Court, Patna, is hereby set aside, and the present
anticipatory bail application stands allowed.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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